Citation Name: 2025 MLD 1958 KARACHI-HIGH-COURT-SINDHBookmark this Case Mehdi Ishaque vs IV Judicial Magistrat

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Citation Name: 2025 MLD 1958 KARACHI-HIGH-COURT-SINDHBookmark this Case Mehdi Ishaque VS IV Judicial Magistrate East at Karachi S. 561-a--- Penal Code (XLV of 1860), Ss. 100 & 397 --- Inherent powers of High Court---Quashing of order---Judicial Magistrate, after taking cognizance of the case, directed the Investigating Officer to register the FIR against the complainant---Scope---Complainant got lodged FIR under S.397, P.P.C.,against the accused persons---Complainant fired upon accused in self defence, due to which one accused died whereas other sustained injuries---after usual investigation, the Investigating Officer submitted challan against the accused and furnished his report that the applicant had acted in his defence therefore, S.100, P.P.C., was applied but the Judicial Magistrate had not considered all the said facts and directed the Investigating Officer to register the FIR against the applicant for committing murder of the deceased/accused---Validity---From perusal of impugned order, it revealed that on one hand Magistrate had taken the cognizance against accused for offence under S.397, P.P.C., and sent up case for disposal in accordance with law as the offence under S.397, P.P.C., was exclusively triable by Sessions Court---Case sent up for trial was proceeded against the accused and after a full-fledged trial, trial Court convicted co-accused/respondent and sentenced him R.I for seven years---On the other hand, Magistrate directed the Investigating Officer to registered the FIR against applicant/complainant for committing murder of deceased accused---Surprisingly, Magistrate denied the plea of self-defense and directed the SHO to register the FIR, without any substance and had not considered the fact that applicant had fired on the accused after the accused fired on him while fleeing after robbing the applicant---Even otherwise two FIRs of the same incident could not be registered---Thus, it appeared that the order passed by Magistrate was unjustified and unwarranted, thus the impugned order passed by Magistrate to the extent for registration of the FIR against the applicant/complainant was set-aside---Criminal Revision application was allowed, in circumstances.

Citation Name: 2025 MLD 1958 KARACHI-HIGH-COURT-SINDHBookmark this Case Mehdi Ishaque vs IV Judicial Magistrate East at Karachi S — 2025 MLD 1958 KARACHI-HIGH-COURT-SINDH

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